HomeMy WebLinkAboutMINUTES-02/21/1995-Regular' February 21,1995
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, February 21,
1995, at 6:30 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was
answered by the following Councilmembers: Apt, Azari, Janett, Kneeland, McCluskey, Smith
and Wanner. Councilmember Absent: None.
Staff Members Present: Jones, Krajicek, Roy.
Citizen Participation
Kevin Burke, 40 Circle Dr., CSU student and CoPIRG Earth Day co -coordinator, stated April
27 is Earth Day and spoke of activities associated with the Earth Day celebration.
Rick Valdez, 1701 Azaela Dr., CSU student and CoPIRG intem, spoke of the Hunger and
' Homelessness project kick-off on April 8.
Citizen Participation Follow -Up
Councilmember Kneeland thanked the CoPIRG representatives for calling these activities to
Council's attention.
Agenda Review
Interim City Manager Jones stated there were no changes to the agenda as published.
***CONSENT CALENDAR***
This Calendar is intended to allow the City Council to spend its time and energy on the
important items on a lengthy agenda. Staff recommends approval of the Consent Calendar.
Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and
considered separately. Agenda items pulled from the Consent Calendar by the Public will be
considered separately under Agenda Item #20, Public Pulled Consent Items.
Councilmember Janett asked that Item No. 12, First Reading of Ordinance No. 15, 1995,
' Appropriating Prior Year Reserves in the Cultural Services and Facilities Fund for a City of
439
February 21, 1995
Fort Collins/Colorado State University Performing Arts Complex Architectural Study and '
Authorizing an Intergovernmental Agreement for Such Purpose, be withdrawn from the Consent
Calendar.
Second Reading of Ordinance No, 7, 1995. Appropriating Prior Year Reserves.
Funds were appropriated in 1994 for specific purposes as described below, but not spent. The
unspent funds were added to the reserves at the end of 1994. Appropriations were typically
not spent because there was not sufficient time to complete bidding in 1994, and thus there
was no known vendor or binding contract to encumber the funds for expenditure in 1995.
Ordinance No. 7, 1995, which was unanimously adopted on First Reading on February 7,
1995, reappropriates the 1994 funds for the same uses as were originally approved by Council
in 1994.
8. Second Reading of Ordinance No 8 1995 Appropriating Unanticipated Revenue From the
Colorado Division of Criminal Justice for Fort Collins Police Services' Larimer County Multi -
jurisdictional Project.
For the past seven years, Fort Collins Police Services has applied to the Colorado Division of
Criminal Justice for federal drug grant monies to help fund investigations of illegal narcotics '
activities. This year Fort Collins once again joined with the Loveland Police Department and
Larimer County Sheriffs Department in one application for funding for our multi -
jurisdictional task force.
Fort Collins Police Services' share of the award is $47,000 and the City's portion of the match
is $85,054. This match is met by applying the already budgeted salary and fringe benefits of
an existing police officer and Secretary I, who are assigned to the drug task force via the
Special Investigations Unit (SIU).
Ordinance No. 8, 1995, which was unanimously adopted on First Reading on February 7, 1995
allows staff to use $47,000 in new federal grant money from a program the city has
participated in since 1988.
9. Second Reading of Ordinance No ]0 1995 Appropriating Unanticipated Revenue in the
Transportation Division Portion of the Transportation Services Fund
The City of Fort Collins, in cooperation with the Colorado Department of Transportation
(CDOT), has identified the need for a traffic signal at the intersection of U.S. Highway 287
and Fossil Creek Parkway. The City's Transportation Department has prepared a construction
estimate based on a full recovery of costs associated with the construction work. CDOT has
agreed to this cost estimate. ,
440
February 21, 1995
The City of Fort Collins has historically built, operated and maintained the traffic signals
within the urban area. This fact has allowed the City to maintain the assurance of high quality
workmanship and compatibility with the Master Traffic Control Computer System.
Throughout many federal signal projects that the City has completed, CDOT recognized the
fact that the City of Fort Collins is in an excellent position to conduct this work as a contractor
to the State. In October of 1993, the City entered into an agreement to build three signals on
US Highway 287. The signals will be constructed in 1995.
The CDOT has requested that the City of Fort Collins participate in this project as the
contractor for the signal construction work. The cost of this work will be fully reimbursed by
the CDOT. There are no local dollars being committed. Ordinance No. 10, 1995 was
unanimously adopted on First.Reading on February 7, 1995.
10. First Reading of Ordinance No. 13, 1995 Appropriating Unanticipated Revenue of $21,000
from the Federal Emergency Management Agency for the City of Fort Collins Emergency
Management Program.
Fort Collins Police Services has applied for and been awarded "Emergency Management
Assistance" (EMA) grants for federal fiscal years 1994 and 1995. These funds are allocated
by the Federal Emergency Management Agency to support emergency management'program
activities at the local level. Local jurisdictions must first meet specific program requirements
and must have an established disaster agency and plan.
The City has received notification of the following grant awards:
Police Services allocation for the remainder of federal fiscal year 1994 $ 7,000
Police Services allocation for federal fiscal year 1995 $ 9,800
Stormwater Utility allocation for federal fiscal year 1995 $ 4,200
These grants require a 50/50 match in funds. Matching funds in the amount of $16,800 are
expended through the Police Services' budget ($7,000 for federal fiscal year 1994 and $9,800
for federal fiscal year 1995) primarily under the Emergency Management Coordinator
position. Matching funds in the amount of $4,200 for federal fiscal year 1995 are expended
through the Stormwater Utility budget under the Floodplain Administrator position.
Police Services and Stormwater Utility plan to jointly receive EMA grant amounts on
regular basis in the future to help fund the Emergency Management Program.
11. First Reading of Ordinance No. 14, 1995 Appropriating Unanticipated Revenue From Prior
' Year Reserves from Police Seizure Activity,
441
February 21, 1995 9
Nearly 100 years ago, Colorado law created a process for the seizure of illegal contraband '
used in or gained from criminal activity. The intent is to deter crime and to have criminals
help defray the costs of policing.
State statutes specify that the proceeds are to be used for law enforcement purposes, and
require that the governing body (City Council) of the seizing agency (Police Services)
appropriate these proceeds to supplement the seizing agency's budget or forfeit the proceeds
to the general fund of the State of Colorado. The Colorado Supreme Court and the United.
States Supreme Court have consistently upheld the constitutionality of these statutes.
All seizures are approved in advance by the Investigations Division Commander. Seizures
are based upon articulated probable cause -not mere suspicion. They are reviewed by the
District Attorney's asset forfeiture specialist, and are always accompanied by criminal charges.
12. First Reading of Ordinance No 15 1995 Appropriating Prior Year Reserves in the Cultural
Services and Facilities Fund for a City of Fort Collins/Colorado State University Performing
Arts Complex Architectural Study and Authorizing an Intergovernmental Agreement for Such
Purpose.
The funds would be used for a City of Fort Collins/Colorado State University contract for I
consulting services for an architectural planning consultant to analyze the feasibility of a
combined use Performing Arts Complex.
13. First Reading
of Ordinance
No 16 1995
Authorizing the Transfer of Appropriations from
Existing Projects
in the
Capital Projects
Fund and Appropriating Unanticipated Revenue to
Create a 1995
Pedestrian
Accessibility
Project.
At the January 10, 1995 worksession, staff presented the recommendations of a task team
regarding pedestrian accessibility. The task team had been directed to identify opportunities
to better serve the needs of pedestrians based on: (1) the increasing emphasis on alternate
modes of transportation; and (2) the requirements of the Americans with Disabilities Act
(ADA).
The report from the task team noted that pedestrian improvements are currently constructed
in conjunction with several capital projects: Pedestrian Access Ramps, the annual Concrete
Program (50/50 sidewalk project), and Minor Street Capital. The fourth recommendation of
the task team suggested combining funds from these projects to create a more focused and
effective pedestrian accessibility effort. This ordinance implements this recommendation for
1995. The ordinance transfers existing appropriations --no new City funds are being approved
for 1995. Staff will continue work on developing a recommendation for funding pedestrian
accessibility improvements in 1996 and future years to be included in the 1996 budget. '
442
February 21, 1995
14, First Readies of Ordinance No 17 1995 Authorizing the Purchase of Water Shares in Dixon
Reservoir.
In 1993, Council authorized the purchase of 103 acres for the Southwest Community
Park/Youth Sports Complex and 70 additional acres as a natural area.
The 103 acre parcel was irrigated farm land, using Dixon Reservoir water. Now that this land
has been sold, the previous owners have their water shares for sale. These shares amount to
83% of the water in Dixon Reservoir. It would be preferable to irrigate the 103 acre park with
raw water, if possible. The amount of domestic, treated water, at the rate of one inch per week
for approximately 80 acres of developed turf and landscaped area is estimated to be
58,660,560 gallons annually. This equals an annual cost of $64,607. By purchasing raw water
for park irrigation, the City will realize a payback in 10.4 years.
15. First Reading of Ordinance No. 18, 1995 Authorizing the Sale of Real Property Described as
the McKendry Property and the Purchase of Real Property from Paragon Investment Group
for Natural Areas.
This is the first sale of special assessment property to the City of Fort Collins for municipal
' purposes. Approximately thirty-nine (39) acres on the east portion of the Property will be
purchased by the City from the Natural Resources Fund and dedicated as public natural area.
The sale of the remaining land (104 acres) will include an exchange with Paragon Investment
Group for an additional eighty-seven (87) acres of natural area adjacent to but separated from
the thirty-nine (39) acre open space by a railroad right-of-way. The total natural areas
acquisition included in this transaction is one hundred and twenty-six (126) acres.
16. Resolution 95-24 Approving the Final Design of Two Choices 95 Projects - Prospect Road
and College Avenue Intersection Improvements And Prospect Road and Lemay Avenue
Intersection Improvements - and Authorizing the Acquisition by Eminent Domain Proceedings
of Certain Land Necessary for Said Project
These two projects will be constructed as one project. Construction is scheduled to start in
June and be completed in August. The scope of the Prospect/College project is to widen the
intersection to add double left turns lanes on College, and add right turn lanes at the NW and
NE comers of the intersection. (A right turn already exists at the SW corner, and at the SE
corner next to Lewans the right turn lane will not be constructed since the high cost of ROW
outweighs the improvements to traffic flow.) The scope of the Prospect/Lemay project is to
add a right turn lane at the NW comer of the intersection and to overlay the entire intersection.
(Right turn lanes already exist at the NE and NW corners and due to the high cost of ROW the
' right turn lane at the SW corner next to the gas station will not be constructed until the corner
443
February 21, 1995 1.
1
redevelops.) To complete the construction on schedule staff needs to start the eminent domain
process on eight parcels with the approval of this Resolution.
17. Resolution 95-25 Identifying $2 000 from the 1995 Youth Employment Fund for the "Senior
Job Match" Program and Authorizing an Intergovernmental Agreement with the School
District.
The City of Fort Collins appropriated $60,000 in the 1995 budget to continue funding Youth
Employment programs. Members from the "Senior Job Match" program approached the City
Council on December 6, 1994 and requested $2,000 from the 1995 Youth Employment funds
for their program.
The "Senior Job Match" program is a collaborative effort between Centennial High School and
the Centennial Neighborhood Association. The program is designed to help match youth with
senior citizens who need assistance in performing a variety of household duties. These duties
are ones which may be difficult for senior citizens to perform and which may be completed
by a youth. The services will focus on household tasks which become more challenging or
dangerous as people age, such as: overhead lifting, furniture moving and cleaning, storage
cleanup, snow and ice removal, storm window and screen change out, as well as routine
household chores and errands. '
If the funding is approved, staff will negotiate an intergovernmental agreement with the
School District to address the specific use of the funds and any potential liability concerns.
18. Resolution 95-26 Authorizing the Purchase of Information Distribution Services to the Public
as an Exception to the Competitive Procurement Process
Funds were made available during the 1995 budget process to further Council's Public Access
Policy. One key component of this policy is to provide the public with electronic access to
information collected or produced by City government. FortNet is the Fort Collins
Community Network organization which, at present, is the only one that can provide this
service to the community in a cost effective and time efficient manner.
The Executive Lead Team, on February 1, 1995, authorized distribution of the $200,000 to
the following projects: $70,000 in support of information distribution services and $100,000
in support of the document management pilot project (including local area network installation
for the Building Permit and Zoning Department, software licenses and computer hardware).
$30,000 is being held for contingencies for the Document Management project or local area
network hardware as is standard practice for projects based on estimates for technology.
,..
February 21, 1995
19. Resolution 95-27 Making an Appointment to the Affordable Housing Board.
A vacancy currently exists on the Affordable Housing Board due to the resignation of Clifford
Kight. Applications were solicited and Councilmembers Janett and Wanner conducted
interviews on February 13. The interview team is recommending Sue Wagner be appointed
to fill the vacant term which expires July 1, 1995.
Items on Second Reading were read by title by City Clerk Wanda Krajicek,
Second Reading of Ordinance No 7 1995 Appropriating Prior Year Reserves
8. Second Reading of Ordinance No 8 1995 Appropriating Unanticipated Revenue From the
Colorado Division of Criminal Justice for Fort Collins Police Services' Larimer County Multi -
jurisdictional Project.
9. Second Reading of Ordinance No 10 1995 Appropriating Unanticipated Revenue in the
Transportation Division Portion of the Transportation Services Fund
23. Items Relating to the Downtown Community Center
A. Second Reading of Ordinance No. 11, 1995 Authorizing the Sale of the Downtown
Community Center.
B. Second Reading of Ordinance No. 12, 1995 Appropriating Unanticipated Revenue in the
Capital Projects Fund from the Sale of the Downtown Community Center.
Items on First Reading were read by title by City Clerk Wanda Krajicek,
10. First Reading of Ordinance No. 13 1995 Appropriating Unanticipated Revenue of $21 000
from the Federal Emergency Management Agency for the City of Fort Collins Emergency
Management Program.
11. First Reading of Ordinance No 14 1995 Appropriating Unanticipated Revenue From Prior
Year Reserves from Police Seizure Actives
12. First Reading of Ordinance No 15 1995 Appropriating Prior Year Reserves in the Cultural
Services and Facilities Fund for a City of Fort Collins/Colorado State University Performing
Arts Complex Architectural Study and Authorizing an Intergovernmental Agreement for Such
Purpose.
445
February 21, 1995
13. First Reading of Ordinance No 16 1995 Authorizing the Transfer of Appropriations from
Existing Projects in the Capital Projects Fund and Appropriating Unanticipated Revenue to
Create a 1995 Pedestrian Accessibility Project,
14. First Reading of Ordinance No 17 1995 Authorizing the Purchase of Water Shares in Dixon
Reservoir.
15. First Reading of Ordinance No 18 1995 Authorizing the Sale of Real Property Described as
the McKendry Property and the Purchase of Real Property from Paragon Investment Group
for Natural Areas.
24. First Reading of Ordinance No 19 1995 Amending Article I Section 24-1 and Article I
Section 29-1 of the Code of the City of Fort Collins Concerning Signs.
Councilmember Smith made a motion, seconded by Councilmember McCluskey, to adopt and
approve all items on the Consent Calendar, except Item No. 12, First Reading of Ordinance No. 15,
1995, Appropriating Prior Year Reserves in the Cultural Services and Facilities Fund for a City of
Fort Collins/ Colorado State University Performing Arts Complex Architectural Study and
Authorizing an Intergovernmental Agreement for Such Purpose. The vote on Councilmember
Smith's motion was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, '
Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Ordinance No."15,1995,
Appropriating Prior Year Reserves in the
Cultural Services and Facilities Fund for a
City/CSU Performing Arts Complex Architectural Study and
Authorizing an Intergovernmental Agreement
for Such Purpose Adopted on First Reading.
The following is staffs memo:
"Financial Impact
This item appropriates $10,000 in the Cultural Services and Facilities fund to be used along with
$7,500 in existing appropriations (Cultural Plan dollars) to cover the City's share of costs
associated with the proposed City of Fort Collins/Colorado State University Performing Arts
Complex Architectural study. Total cost of this project is $40,000. The suggested sources of funds
are as follows:
446
February 21, 1995
Cultural Services and Facilities Funds -
Prior Year Reserves
$10,000
Existing Appropriations
7,500
Fort Collins Foundation
2,500
Colorado State University
20.000
Executive Summary
The funds would be used for a City of Fort Collins/Colorado State University contract for consulting
services for an architectural planning consultant to analyze the feasibility of a combined use
Performing Arts Complex.
Several years ago, the City of Fort Collins completed a community -wide feasibility study to
determine the service needs and desirability of expanded performing arts facilities in the community.
In addition to significant community outreach on this question, the study produced an analysis of
space needs, costs, and a site analysis. In summary, this study deternined that a need does exist for
an expanded performance hall, meeting and conference rooms, a mid -sized 500 seat theatre and an
outdoor amphitheater.
' At approximately the same time, Colorado State University was conducting an analysis and
inventory of its needs. As a result, improvements in its theatre, music, and visual arts facilities were
determined to be one of the school's highest priorities.
Working independently, both entities have determined that similar needs exist to meet the missions
of both institutions. Shortly after the completion of the City's feasibility study, both organizations
began meeting to investigate the possibility of a joint use facility to meet the needs of both
institutions and to maximize the use of taxpayer dollars. Staff has now reached the point where
outside consulting help is needed.
The City and Colorado State University would like to propose a joint contract for consulting
services for an architectural planning consultant to:
Determine if both the City's and CSU's needs can be met in one facility and maximize the use
of taxpayer dollars.
2. Develop a conceptual space plan to meet these needs.
3. Further investigate site criteria and locations.
1 447
February 21, 1995
4. Develop design, construction, equipment and annual operation and maintenance costs for a
jointfacility.
5. Identify operational issues which will need to be addressed.
The proposal to fund this study is $40,000 funded from several sources. Colorado State University
has committed $20,000, the City of Fort Collins would contribute $10,000 from prior year reserves
in the Cultural Services and Facilities Fund, $7, 500 from funds that are appropriated and available
that were previously designated for a community wide cultural plan and $2,500 will be requested
from the Fort Collins Foundation.
The original design for the development of the community wide cultural plan was anticipated to cost
$40, 000. Three years ago Council approved $7,500 as a start toward the accumulation of the funds
needed for this study. Since that time however, additional funding has not become available.
The Cultural Resources Board discussed the issue and is in favor of using the money for this study. "
Cultural Library and Recreation Services Director Mike Powers stated this is step two of the
feasibility process on a joint performing arts complex. A city-wide feasibility study was done several
years ago to determine if the community supported some level of expansion. That study indicated '
there was community support. Since then a variety of options and projects have been looked at by
the City and CSU. Staff is now at the point where a joint project might be considered. This project
is a joint feasibility study to determine if it makes sense to continue discussions between the City and
CSU to construct a performing arts complex that would maximize taxpayer's dollars and meet both
the City and CSU's needs.
Councilmember Kneeland made a motion, seconded by Councilmember Wanner, to adopt Ordinance
No. 15, 1995, on First Reading.
Councilmember Janett expressed concern about the process for the feasibility study and asked why
this project gets priority for preliminary design over projects coming out of City Dialogue. She
stated there is the City budget process and this is a mid -year add -on. She stated the feasibility study
addresses site selection. She asked about the 1991 Lincoln Center expansion study and stated that
study recommended expansion on the site.
Powers stated the feasibility study was analogous to the library feasibility study on Old Fort Collins
High or the preliminary design authorized for the southwest community park/Fossil Creek Park.
Those designs attempted to capture an idea or vision that could be fed into something like City
Dialogue. The study is expected to produce a facility concept and options for site placements, not
final building design and a specific site recommendation. Powers stated the key issue is expansion
to get more seats. In 1991 the best financial option was to expand the current facility. This study ,
448
February 21, 1995
will add another dimension, a consolidation option that might be better financially and serve two
publics.
Councilmember Smith spoke of the theater located in the new Fort Collins High School and noted
there may be other entities in the community interested in providing consolidated facilities.
Gerry Bomotti, CSU vice-president, stated the University sees this project as a feasibility study, not
a question it already knows the answer to. CSU has great needs for performing arts facilities, the
City has needs and the concept is to merge them together in a reasonable plan. No one is predicting
the outcome and everyone is committed to looking at all the options. It may turn out that the City's
needs and CSU's needs are different.
Yolanda Nicely, 300 E. Harmony Rd., spoke of her interest in the arts and supported the feasibility
study.
Councilmember Kneeland stated she would support the study and believed the City would be remiss
in not working together with CSU on such a feasibility study.
Councilmember Smith expressed concern that all options be considered, not just a single combined
facility.
Councilmember Apt stated there is community support for this study and it is a way to leverage
taxpayer's dollars.
Councilmember Janett stated that there are many community needs for capital projects such as a new
library, a second library, more bus service, ice rink, teen center, etc. She expressed concern about
prioritizing in a climate of scarce resources. She questioned whether a performing arts facility would
be the highest priority for the City's next capital project. It would be more appropriate to authorize
this study through the City Dialogue process or the annual budget process. Although it is a great
opportunity to work with CSU, she expressed concern that the City is not looking at the bigger
picture for the community and is not giving the citizens the opportunity to look at all the possible
capital needs.
Mayor Azari stated there are many fine artists, musicians and people who contribute to the
performing and creative arts and yet there is no community cultural plan outlining the City's direction
and how it will be supported. She stated the Council in 1991 accepted the feasibility study which
pointed out the need for a performing arts center with larger seating capacity. Combining resources
with CSU is a reasonable option to study.
February 21, 1995
The vote on Councilmember Kneeland's motion to adopt Ordinance No. 15, 1995, on First Reading
was as follows: Yeas: Councilmember Apt, Azari, Kneeland, McCloskey, Smith and Wanner.
Nays: Janett.
THE MOTION CARRIED.
Councilmember Reports
Councilmember Janett reminded that the voter registration deadline for the April 4 mail ballot
election is Friday, March 3.
Councilmember Apt reported on the Growth Management Committee meeting. He stated the
Pioneer Mobile Home Park process and the displacement of its residents had been discussed. The
kick-off of the Comprehensive Plan review was discussed.
Councilmember Smith commented that on the Consent Agenda, 126 acres of open space and natural
area located west of Fossil Creek in the southeast part of the City was purchased. He expressed
concern about the City's purchase of computer equipment. He stated staff is working to integrate
computerization throughout the City.
Items Relating to the Downtown Community Center, '
Adopted on Second Reading.
The following is staffs memo:
"Executive Summary
A. Second Reading of Ordinance No. 11, 1995 Authorizing the Sale of the Downtown
Community Center.
B. Second Reading of Ordinance No. 12, 1995 Appropriating Unanticipated Revenue in the
Capital Projects Fund from the Sale of the Downtown Community Center.
Ordinance No. 11, 1995, which was adopted 6-1 on February 7, 1995 authorizes the sale of
the Downtown Community Center to Advanced Digital Imaging, Inc., resulting in
unanticipated revenue to the City. Ordinance No. 12, 1995, which was adopted as amended
on First Reading on February 7, 1995, appropriates the unanticipated revenue in the Capital
Projects Fund to be used for implementation of the General Services Strategic Facility Plan
adopted by Council in 1992. "
450
February 21, 1995
Facilities Director Tom Frazier spoke of the process leading up to the First Reading approval of these
items on February 7. He stated Jim Stouffer from Advanced Digital Imaging was present to answer
Council's questions.
Councilmember Smith asked about the assumptions used when analyzing the fiscal benefits to the
City by the two proposals submitted.
Finance Director Alan Krcmarik stated none of the numbers can be considered exact predictors of
what will happen. Staff took the numbers presented by the two proposers and assumed face validity.
If there was an incorrect assumption on how much sales tax would be paid on the renovation portion,
staff made a correction. Other than that, the assumptions were made on the numbers presented. The
basis for estimating the amount collected on the total 9.8 mill levy was that this propertyis currently
not on the tax rolls and the estimated underlying value of the property is fairly low. As the property
moves from a non-taxable status to a fully taxable status, most of the tax gain will be captured in tax
increment which is very important to the downtown.
Councilmember Wanner made a motion, seconded by Councilmember Kneeland, to adopt Ordinance
No. 11, 1995, on Second Reading.
Richard Manges, attorney representing Progressive Old Town Square (POTS), spoke of the history
of the sale and of the City's legal requirements with regard to the sale. He pointed out the City's RFP
stated that the City intended to sell the building to the highest responsible proposer based on the
evaluation criteria. POTS was the high bidder in the October bid. The City decided not to sell the
property because the bids were not high enough. Another RFP was issued and POTS was again the
high bidder. There has been no suggestion that POTS is not a responsible proposer. He spoke of
the five selection criteria: the scope of the proposal; the financial capacity; the time frame; the return
to the City; and the firm capability. He stated both proposals meet the financial capacity, the time
frame and firm capability criteria. With regard to return to the City and the scope of the proposal,
there is a significant difference. On the return to the City, POTS had a $3,000 higher bid. When
staff evaluated the financial return to the City, it was determined that the POTS proposal will
increase the income to the City from $225,000 to $500,000 over the next five years. The ADI
proposal levels off after five years because of depreciation. Future benefits beyond the five years
will be substantially increased with the POTS bid. He stated the future of retail business is more
stable than that of high technology manufacturing. POTS would give the City the security that the
building will not be vacant. Under the scope of proposal criteria, the RFP required the proposal to
be compatible with the neighborhood and comply with the Downtown Plan. He stated that on
September 5, 1989, the Downtown Plan was adopted and incorporated into the Comprehensive Plan.
A major policy of the Plan is that the City will refer to the Downtown Plan as the guiding document
for decisions affecting the downtown area. He spoke of the City Center district and pointed out the
building is in the center of the district. The Downtown Plan refers to the City Center district as the
' retail core and requires that it be used for retail, dining, hotels and entertainment. It states that the
451
February 21, 1995
Citywill encourage and reinforce this district as the center for a variety of conventional retail, '
g Y
specialty shopping and fine dining catering to residents, office workers and week -end and evening
entertainment goers. A review of the Plan reveals that it is consistent in limiting the City Center
district to traditional retail, food and entertainment uses. The Plan did not overlook light
manufacturing uses proposed by ADI. It found that the current supply of industrial space adequately
met demand. It found that high tech, bio-tech and light industrial uses are appropriate for areas of
downtown located outside of the old city retail core. The Plan suggests that light manufacturing
uses, research, and scientific laboratories be encouraged to locate on the underutilized and vacant
properties in the Canyon Avenue district, north of Laporte Avenue. The Plan permits light
manufacturing in compatible locations within the Poudre River Corridor district but does not permit
light manufacturing in the old town City Center district. He spoke of the $700,000 in improvements
to the property planned by POTS and of the $150,000 in improvements planned by ADI. He asked
Council to not reject the Downtown Plan, to stand by the criteria set out in the RFP, to follow staffs
recommendation and sell the building to POTS, the high bidder.
Jim Stouffer, owner of Advanced Digital Imaging, Inc., (AD[) stated the Downtown Plan encourages
the expansion of existing businesses. He stated ADI started as part of a retail business in Fort
Collins and wants to stay downtown. He stated the ADI short term economic numbers were
conservative and reflect his actual plans not an overstatement. He stated the employment base in the
downtown is very important and a diverse employment base is a positive asset to the City. He asked '
that Council consider the Downtown Plan and stated that ADI is a very good fit for downtown.
Ed Stoner, 2236 Apache Ct., stated POTS has continuously shown its commitment to the downtown
area by taking a defunct property from 30% occupancy to 100% occupancy. The success of Old
Town Square has encouraged other renovation plans. He stated POTS participated in the RFP
process realizing the City might decide to keep the building for its own use. The RFP detailed the
criteria and only at the last meeting was it identified that the City would be using the IDB formula
to identify salaries to employees as an additional consideration. He stated the POTS proposal is still
higher in return to the City. He stated the POTS proposal received the highest number of points and
under the RFP process to be able to eliminate the high bidder, staff or Council must demonstrate that
the high bidder is not capable of handling the purchase. He stated process is very important and that
Council is ignoring its own rules. It is a matter of fairness and POTS should be awarded the
purchase.
Yolanda Nicely, Pioneer Mobile Home Park, supported the POTS proposal. She spoke of the charm
and atmosphere of Old Town and stated it should remain a tourist center, not an employment center.
David Roy, 1039 W. Mountain Avenue, supported the ADI proposal, and stated ADI has a history
in Old Town. ADI is on the cutting edge of technology and will have an employment base that will
support businesses in Old Town. He encouraged Council to support the ADI proposal.
452
1
February 21, 1995
Mayor Azari asked if the ADI proposal is consistent with the Downtown Plan.
Assistant Planning Director Joe Frank responded that the principal uses in the City Center district
of Old Town are retail, dining, hotel, entertainment kinds of land uses. The POTS proposal seems
consistent with the Plan but it isn't as clear whether the ADI proposal fits with the Old City Center.
There are some extenuating circumstances that should be considered. ADI is already located in the
City Center district and would shift from one site to the proposed site. Those types of land uses in
and around the Old Town are appropriate to provide customers for the retail businesses.
Mayor Azari stated she believed Council had some extraordinary circumstances confronting it and
asked Councilmembers if there was a desire to move into Executive Session to receive some legal
guidance.
City Attorney Roy stated that an Executive Session is permissible to receive legal advice in
connection with an adversarial situation. He added a two-thirds vote of Council is necessary. He
stated in this situation Council is free to decide what is in the best interest of the City in terms of this
potential sale. A number of the Code provisions cited by Mr. Manges are relevant in various
contexts. The RFP process is controlling when there is a procurement by the City, not the sale of
real property. The City utilized the RFP process to formulate a recommendation but it is not
controlling or binding on Council in the same sense as if this were a procurement. The ultimate
standard is Council's determination of what is in the best interest of the City. In the discussion of
Council acting arbitrarily, the Code section cited applies to Council appeals and Council's
determination of the decisions of boards and commissions in a quasi judicial context. This is not a
quasi judicial decision. The Downtown Plan is advisory in nature, primarily in the context of zoning
and rezoning decisions. The bottom line is Council's determination, after weighing the price offered,
reviewing the staff evaluation of the selection criteria and considering all the other information about
the proposed uses and whether they will be compatible with Council's vision for the City, that the
sale is in the best interest of the City. He stated if more specific advice on how to proceed with the
decision would be helpful, an Executive Session would be appropriate.
Executive Session Authorized
Councilmember McCluskey made a motion, seconded by Councilmember Wanner, to adjourn into
Executive Session for the purpose of receiving legal advice relating to an adversarial situation. The
vote was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey and Wanner.
Nays: Councilmember Smith.
THE MOTION CARRIED.
Fj
453
February 21, 1995
1
At the conclusion of the Executive Session, discussion continued on the sale of the Downtown
Community Center.
Councilmember McCluskey asked if the economic numbers were generated before or after the staff
analysis and recommendation to sell the property to POTS was made.
General Services Director Tom Frazier replied that the numbers were generated after the RFP had
been reviewed. The review was based on numbers that were further refined by the Finance
Department. He stated both proposals meet the intent and objectives of the Downtown Plan. Staffs
overall focus when looking at the Downtown Plan was whether the proposals met the Plan objectives
and did not involve a district by district analysis.
Councilmember Smith asked for clarification on uses proposed in the ADI proposal.
Jim Stouffer responded ADI's business has several segments. ADI takes raw analog data and
converts the data from a raw material into a digital form that can be used by a variety of different
businesses. There is marketing and sales, both local and national, so the whole business is not 100%
devoted to light or clean manufacturing.
Councilmember McCluskey asked if using the IDB method to evaluate this type of proposal has a I
downside.
Finance Director Alan Krcmarik responded that the IDB method was used because it was the best
method available. It has a standard set of assumptions, was already in existence and had been used
for several years. The assumptions are valid given the data provided. The risk for both. proposals
is if the growth projections do not materialize. Staff cannot predict with any certainty that either of
the proposals will be successful to the magnitude projected.
Councilmember Wanner stated he would continue to support the sale of the Downtown Community
Center to Advanced Digital Imaging. The ADI proposal is well within the spirit and the scope and
intent of the Downtown Plan. There is a need to look beyond the immediate dollars returned to the
City and look at the overall perspective on downtown.
Councilmember Kneeland supported the ADI proposal. She stated both proposers have contributed
significantly to the downtown. The overall issue is a healthy downtown and having an employment
base makes the ADI proposal more attractive.
Councilmember McCluskey stated the economic numbers on return to the City indicate the POTS
proposal would best satisfy the needs of the City. He stated he would not support the ADI proposal.
454
February 21,1995
Councilmember Apt stated the history of Old Town is cyclical where retail sales are concerned.
Employment centers provide a great deal of stability. He stated the Downtown Plan is an advisory
plan and that he would continue to support ADI.
Councilmember Janett stated there is not a lot of basic industry in the downtown area. This is an
opportunity to support the concept of bringing basic industry to the downtown. This use in the
downtown allows people in the older neighborhoods access to jobs that they wouldn't otherwise
have. The ADI proposal is a good one for diversifying the economy.
Councilmember Smith stated it is not healthy to rely on government jobs in the downtown. Because
of the economic return to the City, he stated he would not be supporting the ADI proposal.
Mayor Azari stated she would support the ADI proposal on Second Reading. She stated the
company is already in the downtown, is growing and expanding and it is a good idea to give it an
opportunity to remain in the downtown.
The vote on Councilmember Wanner's motion to adopt Ordinance No. 11, 1995, on Second Reading
was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland and Wanner. Nays:
Councilmembers McCluskey and Smith.
' THE MOTION CARRIED.
Councilmember Smith made a motion, seconded by Councilmember Apt, to adopt Ordinance No.
12, 1995, on Second Reading. The vote was as follows: Yeas: Councilmembers Apt, Azari, Janett,
Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Ordinance No.19,1995
Amending Article I. Section 24-1 and Article I. Section 29-1
of the Code of the City of Fort Collins
Concerning Signs, No Action Taken.
The following is staffs memo:
"Financial Impact
Adoption of the Ordinance will provide up to $35,000 in annual revenue. It also represents a I500%
' increase in spending over a five year period (see attached graph titled "Shelter Outlays") on
455
February 21, 1995
1
Transfort's capital program for bus shelters throughout the city as well as an acceleration of
Transfort's capital program to make bus stops ADA accessible - at no cost to the City.
Transfort recently found out that the City would be receiving $120,000 less in federal operating
funds in 1995. This new source will help to make up the shortfall. The remainder of the shortfall
will be covered by exterior bus advertising.
Executive Summary
The proposed amendment to the City Sign Code would allow Transfort to solicit business interest
in investing in Transfort's bus shelter development. Firms would be invited to propose to provide
Transfort's capital and maintenance program for bus shelters in returnfor the right to advertise on
the shelters. Such advertising would be excluded from the definition of a "sign" under the City
Code. The advertising revenue would be used to pay for the capital construction of the shelters and
stops and shelter maintenance, provide a revenue source to Transfort, and make a profit for the
investors.
BACKGROUND:
Bus , he'tcr advertising
Transfort has had a shelter program for a number of years. Currently there are 17 bus shelters in
the Transfort system. Resources have been limited, so progress in this area has been slow.
The proposed Ordinance would permit the City to authorize, by agreement, the placement of
advertising on bus shelters (as it now does on bus benches). This would, in effect, exempt such
advertising from Section 29-603 of the City Code, which generally prohibits the erection of any
additional off -premise signs in the City. The rationale for this exemption is as follows:
The proposed bus shelter advertising is not a free-standing, off premise sign like a
billboard. The advertising signs are an integral part of the bus shelter and the shelter
is primarily designed to serve the bus patron.
2. Unlike other outdoor advertising, this proposed program satisfies an important public
purpose, that of providing bus shelters, without expense to the City.
3. The design of bus shelter advertising will be strictly controlled through the contract
between the City and the successful bidder. Signs will be approximately four feet by six
feet in size.
456
February 21, 1995
4. Bus shelters will be located in public rights -of -way rather than on private property,
much the same as bus benches are now. The model being used to exempt bus shelter
advertising from the sign code is patterned after the exemption for bus benches and those
used in other communities throughout the country.
Research says that providing customer amenities such as shelters, benches, and lighting are very
successful in encouraging people to ride the bus both for the first time and more often. Customer
amenities alone can account for 10 to 15 percent increases in ridership because the public perceives
and receives improved service and is more willing to ride.
This approach to bus shelters will also allow the City to improve bus stops effectively and
economically. When the Americans with Disabilities Act was enacted, it required communities with
a fixed route bus system to improve the physical accommodations for passengers of the transit
service. This included providing lift -equipped buses, and ensuring that existing bus shelters, stops,
and signs meet ADA standards. Those standards will be met at all stops which have a shelter.
All shelters in this program would be built and maintained according to City standards by a private
company. It will provide up to $35,000 in cash revenue and transfer approximately $200,000 -
$300,000 in capital costs annually.
This program will provide improved safety and improved service at shelter locations by providing
night lighting where electricity is available. The program will build twenty new shelters in its first
year, with a slightly increasing number annually over the next four years. The program will provide
a much needed enhancement in Transfort's customer amenities (shelters/stops) and it will do so
through non -tax revenue.
Two charts are attached which provide a comparison between a contracted program and Transfort's
current shelter program comparing both outlays ($$) and shelter acquisitions over the period 1995-
1999. The graphs are titled 1) "Shelter Outlays" and 2) "Shelter Acquisitions. "
This program is being recommended by both the Planning and Zoning Board and the Transportation
Board. The Transportation Board's comments are attached. The Planning and Zoning Board
passed its recommendation to support this proposal on its consent agenda at its December 12, 1995
meeting.
Photographs are attached to provide examples of what future shelters and advertising would look
like.
Bits Advertising
There is no Council action necessary on bus advertising.
' 457
February 21, 1995
to sell advertising on the sides o its buses. Staff has been earnestly researching
'
Transfort also plans g f ff Y g
this revenue opportunity since we were informed that our 1995 federal transit aid had been reduced
by $120,000.
Staff found that this type of program meets the City's sign code. Staff hopes to produce $85,000 from
the program during 1995. "
Transfort Manager John Daggett stated this ordinance amends the sign code to exempt advertising
on Transfort bus shelters. The exemption will allow Transfort to establish a bus shelter advertising.
program which would solicit private business investment in the building and maintenance of bus
shelters throughout the City, allow investors to advertise on the bus shelters, build up to 150 shelters
in a five-year period, and transfer up to $1.5 M in capital costs to the private sector. He stated there
are several reasons to exempt bus shelters from the sign code. Shelters are a much needed customer
amenity and the shelters provide a place for Transfort to communicate with its patrons via
announcements about system changes, etc. The shelter advertising program can provide a non tax
revenue to the City to fund transit services in the community. Shelters also help Transfort meet its
ADA mandates. He spoke of the differences between shelters and billboards and stated the design
of bus shelter advertising would be strictly controlled. He showed slides illustrating typical bus
shelter advertising. He stated staff had taken the proposal to the Transportation Board and the .
Planning and Zoning Board and both boards recommend approval. '
Councilmember Smith spoke of the visual clutter of a bench, bike rack, newspaper kiosk and shelter
advertising and asked if staff has considered cleaning those areas up.
Daggett stated there is a trade-off in that customer amenities are important to customers and
encourage riders to ride the Transfort system. It depends on whether Council is interested in
aesthetics or amenities to the riders. He stated the successful proposer would be required to maintain
these facilities under the conditions of the contract so that graffiti abatement would be the
responsibility of the contractor.
Councilmember Janett asked how staff arrived at the 4'x6' size of the signs and how does this size
compare to window size on the premise of a building.
Daggett responded that 4' is the width of a current shelter and staff would like to model the City's
shelter design to be consistent with current shelters. Six foot is typically the size that advertisers use
throughout the country in shelter advertising and this would standardize the production of signs
standard in order to be able to attract national advertisers.
Zoning Administrator Pete Barnes responded that there are two sign districts with different
regulations for window signage. In properties in the Residential Neighborhood Sign District which
includes most of the City other than College Avenue, a portion of West Elizabeth and Harmony '
458
February 21, 1995
Road, the amount of total window signage is limited to 25% of the area of the window. On College
Avenue, the amount of total window signage is limited to 50% of the area of the window.
Councilmember Janett asked what percentage of the bus shelter would be covered by a 4'x6' sign.
Daggett estimated 75% of the bus shelter end panel would be covered.
Councilmember Kneeland agreed that bus shelters are an important amenity. She asked how
rigorous the staff discussion was on the sign code portion of this recommendation. She expressed
concern that the City would be sending a message that it wants the sign code for everyone except
when it seems beneficial to the City.
Daggett replied that the proposed bus shelter is not a free-standing, off -premise sign; the primary
purpose of the shelter is to provide shelter, not advertising; the program satisfies an important public
purpose; the design of bus shelter advertizing will be controlled contractually; and bus shelters are
located on public right-of-way and not on private property. He added there were long discussions
about these points.
Sign Code Administrator Peter Bames stated the sign code does not regulate signs in the public right-
of-way. If these bus shelters were on private property, they would be considered off -premise signs.
Councilmember Smith asked if all bus shelters will contain Transfort advertising and information.
He pointed out the ordinance does not establish specific bus shelter sign guidelines.
Daggett responded that the contractual agreement will designate space for Transfort information,
brochures, etc. He stated sign content and size will be controlled contractually not by ordinance.
Councilmember Wanner asked if the bus shelter signage would be related to the sign district in
which it is located. Some of the signs may be located in residential districts.
Daggett responded the selection process for shelter locations for the Section 15 reporting program
would be based on serving the most people and those stops will not be in residential neighborhoods.
Councilmember Wanner stated he had questions about sample shelters, about the $1.5M projected
revenue, and about whether a more creative approach could be tried. He suggested institutional
signage where banks, etc., donate a bus kiosk and place a small decorative sign there. He expressed
concern about the type of signage the City would end up with.
Kelly Ohlson, 2040 Bennington Circle, opposed the proposal. He stated the City's credibility is at
risk by adopting an ordinance allowing the City to do something no one else is allowed to do. He
' suggested the City reallocate funds to create adequate bus shelters.
459
February 21, 1995
John Walker, attorney and spokesman for Scenic Colorado, opposed the ordinance. He expressed
concern about the use of public rights -of -way for bus bench or shelter advertisements. He stated the
City has standards which should not be for sale in the guise of revenue enhancement or non -taxpayer
funding. He asked how the advertising contracts will be enforced and who will determine sign
content. He stated it seems hypocritical for the City to become involved in outdoor commercial
advertising when the public has made it clear where it stands on this issue. He stated the sign code
needs revisions and recommended a permanent sign code board be established.
Jim Cox, local architect, stated he viewed the proposal as a step backwards. He opposed the
proposal and suggested bus shelter sites with newspaper kiosks, bike racks, bus benches, etc. should
not be permitted.
Yolanda Nicely, Pioneer Mobile Home Park, supported the ordinance. She stated the revenues
raised would substitute for the federal dollars that are not being returned to the states and cities. She
spoke of the value of amenities to Transfort customers.
Heather Dieter-Bartmann, local wildlife artist, spoke of the aesthetic improvement in Fort Collins
after the original sign code was enacted. She stated advertising would violate and pollute the purity
and simplicity of the bus shelter design. She expressed concern that the advertising would become
a magnet for graffiti and vandalism. '
Donn Hopkins, representative of the Colorado State University Mass Transit Committee, supported
the ordinance as a way to reduce the burden of the federal and local subsidy with private
participation from businesses. He stated the CSU student body represents about 44% of the
Transfort ridership and has produced about 82% of the fare box revenue. The students appreciate
anything that would keep fare increases in check.
David Roy, 1039 West Mountain Avenue, opposed the ordinance and stated bus shelters are basic
amenities that should be funded by the City.
Councilmember Smith expressed support for additional bus shelters bus expressed concern about
advertisement saturation.
Councilmember McCluskey stated he was supportive of ideas and thoughts to increase Transfort
ridership. He stated he appreciated staffs innovative response to solving a revenue shortfall but this
is not the right idea.
Councilmember Kneeland stated she strongly supported public/private partnerships but this proposal
is an example of government making laws and then exempting itself. She asked staff to look at
alternatives.
it
h
February 21, 1995
1
Councilmember Apt suggested donations be solicited from businesses with a small plaque
recognizing the donation.
Councilmember Janett stated this is an issue of aesthetics as well as revenue and service. The
community has values with regard to signage and this proposal is not in line with those values.
Resolution 95-23 Approving the Position Profile and
Recruitment Specifications for the
,fty Manager Position Adopted.
The following is staffs memo:
"Executive Summary
On January 24 and 25, the Council's executive search firm, the PAR Group, met with
Councilmembers, community members, and staff to discuss the important issues which face the
community and the organization. The purpose of these discussions was to gather information which
could be used in developing the position profile for the City Manager position.
' BACKGROUND:
An early step in the executive search process is the development of a position profile for the City
Manager. The profile is used to define the characteristics of successful candidates for the position,
and to identify key community and organizational issues to be addressed by the new City Manager.
In order to develop this profile, two representatives of the search firm, Paul Reaume and Jerry
Plock, met with a wide variety of interested parties. They included City Council members, a Citizens
Advisory Panel, members of the Executive Lead Team, an Employee Committee, and several other
interested parties who were not otherwise represented. Discussions were held regarding the issues
which the community faces, the qualifications of candidates, organizational dynamics, and
expectations of personal characteristics of candidates.
The result of these discussions is included in the attached Position Profile, drafted by the Executive
Search Firm for Council's review and approval.
The attached Position Profile has been revised since it was presented to the City Council in its
February 7th agenda. These revisions reflect input from Council Members, Citizens Advisory Panel,
members of the Executive Lead Team, and the Employee Committee. "
February 21, 1995
Ann Tumquist, Human Resources Manager, stated the profile was drafted by the executive search
firm after input from the citizen committee and the employee committee. The profile will be used
as a recruiting tool for the executive search firm.
Councilmember McCluskey made a motion, seconded by Councilmember Smith, to adopt
Resolution 95-23. The vote was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland,
McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Smith asked staff for documentation on the integration of computer expenses. He
asked that a dialogue begin with some of the external communities that will be involved with
telecommunications so they know what the City is doing. He spoke of possible efforts to shorten
the time frame on the Comprehensive Plan process and suggested a SIM City competition as a way
to create a picture of what residents might value in the future.
Councilmember Apt stated he would like to see one-year and 18-month timelines for the revision
of the Comprehensive Plan rather than the current two-year plan. He asked that the information '
come back to the Growth Management Committee for its review. He spoke of the branch libraries
located at the various schools and asked that more signage and publicity be provided about their
locations.
Adjournment
Councilmember Janett made a motion, seconded by Councilmember Apt, to adjourn the meeting to
6:30 p.m. on February 28, 1995. The vote was as follows: Yeas: Councilmembers Apt, Azari,
Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
The meeting adjourned at 9:55 p.m.
ATTEST:
i
t{
/���?� 1'_;* Clerk
9V
462